QUESTION
What is involved in changing name on real property?
Asked on Mar 07th, 2014 on Estate Planning - Michigan
More details to this question:
My mothers in a rest home with dementia. For legal reasons we need to change the names on the properties. I s there an average fee for this service?
13 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Why do you need to change the names on the properties? Does somebody have a power of attorney? Is a conservator-ship in place? This could be less than $100 per property, or it could be $3-5,000 or more, depending on facts and circumstances not known to us.
Answered on Mar 10th, 2014 at 11:16 PM
Estate Planning Attorney serving Nashville, TN
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Strickland Law, PLLC
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A person must be competent to execute the legal documents needed to transfer property.
Answered on Mar 10th, 2014 at 11:07 PM
Edwin K. Niles
If she has dementia she is probably not competent to sign a deed. A notary who signed such a deed would be putting his license on the line.
Answered on Mar 10th, 2014 at 8:35 PM
If your mother has dementia, she may be legally incompetent. If she is, you will need to have a conservator appointed by a court. Cost: $2,000 to $4,000 initially and $1,500 to $2,500 a year probably for her life.
Answered on Mar 10th, 2014 at 8:35 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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First, the values in the home of your mother, are for her care, not your inheritance. To do otherwise to allow the transfer of the homes to someone else without receipt of fair market value. Shifts the burden of her care to the taxpayer, and we taxpayers don't want that to occur. Since she has dementia, you could petition the court for a conservatorship of her person and estate, to obtain authority to transfer the deeds to the properties for your legal reasons.
Answered on Mar 10th, 2014 at 8:34 PM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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To change the title of the house out of your mother's name you will need to have a Guardian ad litem appointed for her. Then have the Guardian execute a quitclaim deed on her behalf transferring the title on the home from your mother's name your name or the names of you and your siblings. Hard to say exactly what the attorney fee for petitioning court to appoint a Guardian might be but the fee for preparing the quitclaim deed should be fairly low and the fee for recording the deed will probably be in the area of $25-$30 (which would be paid to the Recorder of Deeds for the county where the property is located).
Answered on Mar 10th, 2014 at 8:33 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You may not be able to do this. If your mother lacks capacity, no one has legal capacity to "change the name." If your mother signed a Power of Attorney and if it is in your mother's best interest to change title, then it is possible this can be done. Otherwise, the property will need to be probated upon her death. The State would have a potential claim for Medicaid reimbursement, if your mother is receiving Medicaid. You have a very complicated situation and you need to review this with an elder law attorney to determine what, if anything, can be done. Probate costs would generally be on the order of $5-6k.
Answered on Mar 10th, 2014 at 8:32 PM
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This is not a simple question and if your mother has dementia, it is not likely going to happen. Further, if she is in a rest home with dementia, she probably is on Medi-Cal, and if you transfer title now, it may be considered Medi-Cal fraud. Meet with an experienced Medi-Cal planning attorney or estate planning attorney before you attempt anything.
Answered on Mar 10th, 2014 at 8:32 PM
There is no average fee and if you proceed without the guidance of a qualified elder law attorney you can get both your mother and yourself in serious trouble.
Answered on Mar 10th, 2014 at 11:53 AM
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You have more severe issues. You need to speak with an elder law attorney to determine whether that can happen and if so what are the legal ramifications. The attorney will need to review all of your mother's trust and estate planning documentation.
Answered on Mar 10th, 2014 at 11:46 AM
If your mother is now incapacitated, and assuming she does not have an effective power of attorney in place specifically granting you the power to transfer real estate and to gift property exceeding the annual exclusion amount, then your only alternative in Wisconsin is to initiate a guardianship proceeding on behalf of your mother. Once a guardian has been appointed by the judge, then the guardian will need to obtain permission from the judge granting him or her the authority to transfer any real estate interest. Guardianship is a complicated legal matter, and I would strongly advise you to consult with a guardianship attorney in your mother's state of residence before you attempt to transfer any of your mother's assets.
Answered on Mar 10th, 2014 at 11:41 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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The only way to change the name on real estate is to transfer the property. That would require recording a deed. There will be a recording fee. Transfer tax stamps may be required. If an attorney is used to prepare the deed there will be a charge for services.
Answered on Mar 10th, 2014 at 11:28 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Such services are charged in relationship to the time they take and the expenses incurred. Without additional info any attorney would would give you a price has too little intelligence of you to want as you representative.
Answered on Mar 10th, 2014 at 11:21 AM